Case that Rules “A Drunk Can Consent” Outrages Many

Sexual Assault

When it comes to the topic of sexual assault, consent is nearly impossible to prove. In many cases (especially on college campuses), drugs and alcohol are typically involved in sexual assault. For this reason, most colleges have a policy that sexual activity with a person who is intoxicated is considered sexual assault.

Many are outraged as a Canadian judge made a ruling in a recent case that is quite controversial. Bassam al-Rawi was found not quilty in the case where he was accused of sexually assaulting a drunk and unconscious 26-year-old woman in the back of his cab. Justice Gregory Lenehan found the driver not quilty because he believed it was possible for the woman to consent to her driver before she passed out.

Justice Lenehan said, “A person would be incapable of giving consent if she is unconscious or is so intoxicated by alcohol or drugs as to be incapable of understanding or perceiving the situation that presents itself. This does not mean, however, that an intoxicated person cannot give consent to sexual activity. Clearly, a drunk can consent.”

Critics are saying that even if she had consented before she passed out, as soon as she became unconscious, she was no longer able to provide consent. What do you think? Leave us a comment below.